IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100007794 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Purple Heart.

2.  The applicant submitted this request so he may receive Veteran’s benefits.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a medical card from the 124th General Hospital, Plant 4102.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and documents obtained from the National Archives and Records Administration.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 21 June 1943 and he entered active service on 5 July 1943. This form also shows that at the time of his separation, he held military occupational specialty (MOS) 2736 (Tank Gunner) and he was assigned to Company C, 70th Tank Battalion.  The highest rank/grade he attained was Corporal.  

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he was credited with participating in the Rhineland, Central Europe, Normandy, and Northern France campaigns of World War II (WWII) during the period 11 January 1944 to 22 September 1945.

5.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Theater of Operations (EAMETO) Medal [correctly known as the European-African-Middle Eastern Campaign Medal], Army Good Conduct Medal, Bronze Star Medal, "Bronze Indian Arrowhead," and the Distinguished Unit Badge (redesignated as the Presidential Unit Citation).  However, it does not show he was awarded the Purple Heart.  

6.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows he was wounded in the EAMETO on 25 November 1944. 

7.  He submitted a hospital card from the 124th General Hospital, Plant 4102, Germany, which shows he was treated on 3 December 1944.  The diagnosis contains the entry, "WIA [wounded inaction] shell wound, (HE), penetrating right thigh), middle 1/3, lateral surface, slight, incurred about 1100 hours 25 Nov 44 near Cologne, Germany, due to enemy action."  This form further indicates he was presented with the Purple Heart on 18 December 1944.

8.  He was honorably discharged on 14 October 1945, for convenience of the Government due to demobilization.  He was credited with 2 years, 3 months, and 
24 days of active service, of which 6 months and 18 days was continental service and 1 year, 9 months, and 6 days was foreign service.

9.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

10.  The available SGO file pertaining to the applicant shows he was admitted and treated at a General Hospital on 25 November 1944 as a result of a battle casualty caused by an artillery shell.  His diagnosis shows "Wound(s), penetrating (point of entrance only:  includes incised, puncture, or stab wound) with no nerve or artery involvement."

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  A review of his records indicates his entitlement to additional awards which are not shown on his WD AGO Form 53-55.

13.  Army Regulation 600-8-22 states the World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

14.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and 

was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  A bronze service star is authorized for wear on the this medal based on qualifying service for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

15.  Army Regulation 600-8-22 states the arrowhead device (a bronze replica of an Indian arrowhead) will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, and the Afghanistan Campaign Medal.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized assault landing credit.  This pamphlet shows the applicant's unit during his assignment was credited with an assault landing at Normandy on 6-7 June 1944 by War Department General Orders (WD GO) 70, dated 1945.

17.  Department of the Army Pamphlet 672-1 also shows the unit to which the applicant was assigned was authorized occupation credit for Germany during the period 2 May - 27 December 1945.

18.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53-55 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows the applicant was wounded in action as a result of an enemy shell wound that injured his right thigh on 24 November 1944.  He received treatment at the 124th General Hospital on 3 December 1944 and he was presented with the Purple Heart on 18 December 1944.  The SGO files further confirm the applicant's wounding on 24 November 1944.  However, this award is not shown on his WD AGO Form 53-55.  Therefore, he is entitled to correction of this WD AGO Form 53-55 to show this award.

3.  The applicant served a qualifying period for entitlement to the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

4.  He was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in four campaigns during his service in WWII.  His unit in the EAMETO during his assignment was also credited with an assault landing at Normandy.  Therefore, he is entitled to four bronze service stars and an arrowhead device for wear on his already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these additions.

5.  His unit in the EAMETO was also authorized occupation credit in Germany during his assignment.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-55 to show this award.

6.  The applicant's WD AGO Form 53-55 shows he was awarded the Distinguished Unit Badge.  This award was redesignated as the Presidential Unit Citation.  Therefore, it would be appropriate at this time to correct his WD AGO Form 53-55 to show the proper award redesignation.

BOARD VOTE:

___X___  ____X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 33 of his WD AGO Form 53-55 the "EAMETO MED, DIST UNIT BADGE, and the BRONZE INDIAN ARROWHEAD", and

	b.  adding to item 33 of his WD AGO Form 53-55 the:

* Purple Heart
* European-African-Middle Eastern Campaign Medal with four bronze service stars and arrowhead device
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation



      _________X_________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20100007794



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)